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On 1 September 2016 Withy King LLP merged with Royds LLP. The trading name for the merged firm is Royds Withy King. All content produced prior to this date will remain in the name of the firms pre-merger.

Claimant’s legal expenses insurance does not preclude award of costs

In Mardner v Gardner and others, the EAT has overturned an Employment Tribunal’s refusal to make a costs order because the Claimant had legal expenses insurance. It considered that the Claimant’s case fell squarely within the category in relation to which costs could be awarded but the Employment Judge refused to do so on the basis that the Claimant would not be out of pocket due to having legal expenses insurance funding. The EAT considered that this was irrelevant and was also contrary to public policy. It held that the paying party should not be able to avoid the costs consequences of their unreasonable conduct purely because the Claimant was the recipient of insurance which covered his costs.

This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.

For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.

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146 Reviews

Sharon MacDonald in particular is aggressive in her manner of dealing with other parties. It does not help the process and is completely contrary to the information on the website. If you want a solicitor who is going to ease relationships in a divorce do not use this solicitor. Dreadful.

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